SUNDER ALIAS LALA Vs. STATE

JUDGEMENT

(1.) ARTICLE 21 of the Constitution of India guarantees that no person shall be deprived of his life or personal liberty except according to the procedure established by law.

(2.) PERTAINING to offences under the Indian Penal Code, the various sections thereof enumerate offences contemplated by the legislature. The ingredients of the offences have to be culled out on a reading of the relevant section of the penal code. Since actus reus i. e. the doing of an act is an inseparable part of most offences, the same requires to be established by evidence. The rules of evidence have been prescribed under the Evidence Act 1872. Admissibility and relevance of evidence has to be determined, at a criminal trial, with reference to the provisions of the Evidence Act 1872. The code of Criminal Procedure 1973 governs the procedure to be followed at criminal trials.

(3.) CHAPTER XVIII of the Code of Criminal Procedure 1973 contains provisions relatable to trial before a Court of Sessions. As per Section 232, being a part of Chapter XVIII of the Code of Criminal Procedure 1973, if after taking the evidence of the prosecution, a Judge considers that there is no evidence that the accused committed the offence, it is the duty of the judge to record an order of acquittal.